United PAC would to implore all Saint Lucians to read carefully this piece of legislation as it may have adverse effects on our lives as a free nation. This may prove very dangerous and an attack on our freedom as a democratic nation.

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EXPLANATORY NOTE
ANTI- GANG BILL
1.
The Bill for consideration is the Anti-Gang Bill.
2.
The purpose of the Bill is to prohibit gangs, gang-related
activity and for other connected purposes.
3.
Clause 1 of the Bill provides the short title and
commencement.
4.
Clause 2 of the Bill provides the interpretation.
5.
Clause 3 of the Bill makes it an offence for a person to
participate in a gang. A person commits an offence if they
are a gang member, aids or abets another to be a gang
member or prevents someone from leaving a gang.
6.
Clause 4 of Bill makes it an indictable offence if someone
commits an offence for the benefit of, at the direction of or
in association with, a gang.
7.
Under clause 4 it is also an offence for a person to have a
bullet proof vest, firearm, ammunition or any equipment,
instrument, material or other device, whether lawfully
obtained or not, with the intention that it may be used in
committing an offence for the benefit of, at the direction
of or in association with, a gang. A person who commits
this offence is liable on conviction on indictment to a fine
of $300,000.00 and to imprisonment for twenty years.
8.
Clause 5 of the Bill provides that person who knowingly
aids and abets, directly or indirectly, any person to commit
an offence under the Bill commits an offence and is liable
on conviction on indictment to a fine of $300,000.00 and
to imprisonment for twenty years.
9.
Clause 6 of the Bill provides that a person who, knowingly
or having reason to believe that another person has
committed or has been convicted of any crime under the
Bill, aids, conceals or harbours that person commits an

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offence and is liable on conviction on indictment to a fine
of $200,000.00 and to imprisonment for fifteen years.
10.
Clause 7 of the Bill provides for the forfeiture of any rights
to gratuity or pension benefits of a law enforcement officer
who is convicted of an offence under the Bill.
11.
Clause 8 of the Bill gives a judge the discretion to make an
order for forfeiture in respect of anything or any movable
property, by means of which, or in relation to which, an
offence was committed.
12.
Clause 9 of the Bill provides that a sentence imposed on a
person for an offence shall be served consecutively to any
other punishment imposed on that person for an offence
arising out of the same event or series of events.

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SAINT LUCIA
______
No.
of 2013
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2. Interpretation
3. Participation in gang
4. Committing and preparing to commit an offence for benefit of gang
5. Aiding and abetting commission of an offence
6. Harbouring or aiding criminals
7. Loss of benefits
8. Forfeiture
9. Sentences to be served consecutively

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I ASSENT
Governor-General.
SAINT LUCIA
————
No.
of 2013
A N A CT to prohibit gangs, gang-related activity and for
connected purposes.
[
]
BE IT ENACTED by the Queen’s Most Excellent Majesty, by
and with the advice and consent of the House of Assembly and
the Senate of Saint Lucia, and by the authority of the same, as
follows:

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Short title and commencement
1.— (1) This Act may be cited as the Anti-Gang Act, 2013.
(2) This Act shall come into force on the date or dates to be
fixed by order of the Minister responsible for home affairs and
national security.
Interpretation
2. In this Act—
“aid and abet” means—
(a) directly or indirectly instigating, commanding,
counselling, procuring or soliciting;
(b) in any manner intentionally aiding, facilitating,
encouraging or promoting; or
(c) doing any act for the purpose of aiding, facilitating,
encouraging or promoting,
the commission of a crime by any other person;
“ammunition” has the same meaning as in the Firearms
Act, Cap.14.12;
“bullet-proof vest” means clothing that is capable of
providing protection from the penetration of bullets or
similar projectiles;
“facilitation of an offence” does not require knowledge
of a particular offence the commission of which is
facilitated, nor that an offence is actually committed;
“firearm” has the same meaning as in the Firearms Act,
Cap.14.12;
“gang” means a group, however organised, that—
(a) is composed of three or more persons in or outside of
Saint Lucia; and
(b) has as one of its main purposes or main activities the
facilitation of a criminal offence or the commission of
a criminal offence;
“gang leader” means a gang member who initiates, plans
forms, directs, organises or manages, supervises or
finances a gang;

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“gang member” means one of the persons who constitutes
a gang and includes a person who knowingly:
(a) participates in, aids or abets, or associates with, one or
more gang-related activities, whether by an act or
omission;
(b) acts as an agent for, or as an accessory to, a gang; or
(c) participates in or associates with a gang;
“gang-related activity” means any activity, whether
criminal or not, that would likely result in the direct or
indirect receipt, by the gang or by a gang member, of
any advantage, including—
(i) increase in the gang’s prestige, reputation, influence,
dominance, control or the number of persons who
constitute the gang;
(ii) retribution or revenge for the benefit of, at the
direction of or in association with, the gang or a gang
member;
(iii) obstruction of justice for the benefit of, at the
direction of or in association with, the gang or gang
member;
(iv) a financial benefit; or
(v) enhancing the ability of a gang to facilitate or commit
an offence;
“law enforcement officer” includes—
(a) a police officer;
(b) a port police officer;
(c) a customs officer;
(d) a correctional officer;
(e) an officer of the Inland Revenue Deparment;
(f) a person comprising the Financial Intelligence
Authority established under the Money Laundering
(Prevention) Act, No. 8 of 2010, or its secretariat; and
“minor” means a person under the age of 18 years.

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Participation in gang
3.— (1) In this section—
“participate in gang-related activity” includes joining a
gang, being a gang member or a gang leader, recruiting
persons to participate in gang activity, preventing
another person from ending his or her gang
membership, or affiliation and contributing to gang
activity.
(2) Every person who, by act or omission, knowingly
participates in gang-related activity commits an indictable
offence.
(3) A person who commits an offence under this section is
liable on conviction on indictment to a fine of $500,000.00 and
to imprisonment for 30 years.
(4) In a prosecution for an offence under this section, it is
not necessary to prove that—
(a) the gang actually facilitated or committed an offence;
(b) the participation of the accused actually enhanced the
ability of the gang to facilitate or commit an offence;
(c) the accused knew the specific nature of any offence that
may have been facilitated or committed by the gang; or
(d) the accused knew the identity of any of the persons who
constitute the gang.
(5) In determining whether an accused participates in any
gang-related activity, the Court may consider, among other
factors, whether the accused—
(a) uses a name, word, symbol or other representation that
identifies or is associated with, the gang;
(b) frequently associates with any of the persons who
constitute the gang;
(c) receives any benefit from the gang; or
(d) engages in activities at the instruction of any of the
persons who constitute the gang.

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(6) In determining the sentence to be imposed on a person
convicted under this section, the Court may consider, among
other factors any of the following circumstances as aggravated
circumstances, justifying a severe sentence—
(a) the person who was aided or abetted, or who was
prevented from leaving the gang, was a minor at the
time of the offence;
(b) the offence involved gang-related activity within one
mile of a school or place of worship;
(c) the person convicted was a law enforcement officer at
the time the offence was committed; or
(d) the person convicted is a gang leader.
Committing and preparing to commit an offence for benefit of gang
4.— (1) A person who commits an offence for the benefit of,
at the direction of, or in association with, a gang commits an
indictable offence.
(2) A person who—
(a) prepares or supplies;
(b) has in his or her possession, custody or control; or
(c) has in the possession, custody or control of another
person on his or her behalf,
a bullet-proof vest, firearm, ammunition, equipment,
instrument, material or any device, whether lawfully
obtained or not, with the intention that such bullet-proof
vest, firearm, ammunition, equipment, instrument, material
or device may be used by him or her or any other person in
committing an offence for the benefit of, at the direction of
or in association with a gang, commits an offence.
(3) A person who commits an offence under this section is
liable on conviction on indictment to a fine of $300,000.00 and
to imprisonment for 20 years.
(4) In the prosecution for an offence under this section, it is
not necessary to prove that the accused knew the identity of
any of the persons who constitute the gang.

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(5) In determining the sentence to be imposed on a person
convicted under this section, the Court may consider, among
other factors any of the following circumstances as an
aggravated circumstance, justifying a severe sentence—
(a) a minor was involved in the commission of the offence
or that the offence was against a minor;
(b) any part of the offence was conducted within one mile
of a school or place of worship;
(c) the person convicted was a law enforcement officer at
the time the offence was committed; or
(d) the person convicted is a gang leader.
Aiding and abetting commission of an offence
5.— (1) A person who knowingly aids and abets, directly or
indirectly, any person to commit an offence under this Act
commits an offence and is liable on conviction on indictment to
a fine of $300,000.00 and to imprisonment for 20 years.
(2) In a prosecution for an offence under subsection (1), it
is not necessary to prove that—
(a) an offence other than the offence under subsection (1)
was actually committed;
(b) the accused knew the identity of all of the persons who
constitute the gang.
(3) In determining the sentence to be imposed on a person
convicted under this section, the Court may consider, among
other factors, any of the following circumstances as an
aggravated circumstance, justifying a severe sentence—
(a) the person who was aided or abetted, or who was
prevented from leaving the gang, was a minor at the
time of the offence;
(b) the offence involved gang-related activity within one
mile of a school or place of worship;
(c) the person convicted was a law enforcement officer at
the time the offence was committed; or
(d) the person convicted is a gang leader.

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Harbouring or aiding criminals
6. A person who knowingly or having reason to believe that
another person has committed or has been convicted of any crime
under this Act, aids, conceals, or harbours that person commits
an offence and is liable on conviction on indictment to a fine of
$200,000.00 and to imprisonment for 15 years.
Loss of benefits
7.— (1) Where a law enforcement officer is convicted of an
offence under this Act, then in addition to any sentence imposed
by the Court, he or she shall forfeit any rights to—
(a) gratuity to which he or she is entitled as a public officer
or a police officer, otherwise than under the Pensions
Act, Cap. 15.26; and
(b) pension benefits and gratuity and allowances, to which
he or she is entitled under the Pensions Act, Cap. 15.26
as a public officer or a police officer;
provided that the relevant authority concurs with the
withholding of the pension, subject to section 98 of the
Constitution of Saint Lucia, Cap. 1.01.
(2) In this section ‘relevant authority’ means the authority
responsible for withholding pension benefits for misconduct
under section 5(2) of the Pensions Act, Cap. 15.26.
Forfeiture
8.—(1) Where a person is convicted of an offence under this
Act, a judge may, in addition to any other punishment imposed,
order the forfeiture to the Crown of anything or any movable
property by means of which, or in relation to which, the offence
was committed.
(2) If a person, other than the convicted person, claims
ownership, wholly or partly, in anything or any movable
property referred to in section (1) above, the judge shall afford
the person an opportunity to be heard, prior to making an order
of forfeiture.

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Sentences to be served consecutively
9. A sentence imposed on a person for an offence under this
Act shall be served consecutively to any other punishment
imposed on the person for an offence arising out of the same
event or series of events.
Passed in the House of Assembly this
2013.
day of
,
Speaker of the House of Assembly.
Passed in the Senate this
day of
, 2013.
President of the Senate.